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History of this document
01 May 1992
Commenced by
Expropriation Amendment Act, 1992: Commencement
15 April 1992 this version
07 April 1992
Assented to
Cited documents 0
Documents citing this one 12
Gazette
8Judgment
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Reported
Abolition of compensation courts by amending statute validly changed procedure; no vested right to the old forum, making post‑amendment compensation applications there void.
* Expropriation law – effect of Expropriation Amendment Act 45 of 1992 – abolition of compensation courts – jurisdiction to institute compensation claims shifted to provincial/local divisions.
* Statutory interpretation – retrospectivity – procedural amendments examined by their effect on substantive rights; no vested right in forensic procedure.
* Interpretation Act s 12(2)(c) – does not protect a litigant’s procedural forum where the legislature has abolished that forum.
* Administrative/tribunal law – statutory tribunal cannot arrogate jurisdiction it does not possess; superior court may determine competence.
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An expropriation notice is construed by its statutory contents; factual compensation disputes are for trial, not exception.
Expropriation notices – statutory contents and construction; annexures and administrative explanatory notes not part of notice; administrative interpretation not dispositive; compensation for existing road reserves – factual questions; exception procedure not for fact‑bound disputes.
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Reported
Whether unrealised prospective profits from expropriated mineral rights constitute compensable direct loss under the Act.
Expropriation — s 12(1)(b) Expropriation Act — measure of compensation for rights; exclusion of indirect damage under s 12(5)(e) — prospective/unrealised profits; market value of rights as ordinary measure; causation — direct vs indirect loss; double recovery prohibited.
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Reported
Depreciation from a town-planning scheme linked to the expropriation purpose must be disregarded under s 12(5)(f).
* Expropriation Act s 12(5)(f) – Pointe Gourde principle – depreciation or enhancement due to the purpose of expropriation to be disregarded.
* Town-planning/zoning – depreciation caused by legally enforceable encumbrance is excluded under s 12(5)(f) when linked to purpose of expropriation.
* Statutory interpretation – literal meaning applies; R v Venter (absurdity) rule required to depart from wording; possibility of double compensation insufficient to override literal meaning.
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